Hunt and Theophane

Case

[2014] FamCA 524

25 June 2014


Details
AGLC Case Decision Date
Hunt and Theophane [2014] FamCA 524 [2014] FamCA 524 25 June 2014

CaseChat Overview and Summary

In the matter of *Hunt and Theophane*, heard before Tree J, the dispute concerned interim applications brought by the parties. The specific nature of the underlying substantive dispute is not detailed in the provided text, beyond the fact that it involves a child, X Theophane, born in 2006.

The court was required to determine the fate of the extant interim applications. Additionally, the court needed to provide directions for the progression of the matter towards trial, which was scheduled for August 2014 with an estimated hearing duration of five days. The court also considered the role and powers of the Independent Children's Lawyer in relation to the issuance of subpoenas.

Tree J dismissed all extant interim applications. The court ordered that the matter be adjourned to the Registrar’s List on 17 July 2014 for trial directions, with the aim of ensuring readiness for the August trial. Crucially, Order 5 of the Orders made on 27 May 2014, which suspended the time the child X Theophane would otherwise have spent with the father pursuant to earlier orders of Benjamin J made on 5 December 2011, was ordered to remain in force. The Independent Children's Lawyer was granted liberty to issue further subpoenas as deemed necessary.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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